Media laws and ethics in Pakistan

Journalism and Mass Communication · History and media in Pakistan. The idea in plain words, the rules to remember, the mistake to avoid and a worked example, written and checked by Mega Lecture.

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The idea

The Constitution of Pakistan protects free expression, but not without limits. Article 19 guarantees freedom of speech and of the press, subject to reasonable restrictions imposed by law on listed grounds. Article 19A, added by the Eighteenth Amendment in 2010, gives every citizen the right of access to information in matters of public importance.

Ordinary laws work inside these limits. Press laws deal with the registration of newspapers, PEMRA regulates private broadcasting, and the laws of defamation and contempt of court protect reputation and the fair working of the courts.

Ethics go further than law. A journalist is expected to be accurate, fair and independent, to correct errors promptly and to avoid any conflict of interest.

Rules to remember

Article 19 grounds for restriction: the glory of Islam; the integrity, security or defence of Pakistan; friendly relations with foreign states; public order; decency or morality; contempt of court; incitement to an offence.
PEMRA: Pakistan Electronic Media Regulatory Authority, set up under an ordinance of 2002. It licenses private television channels, FM radio and cable operators, not newspapers.
Press and Publications Ordinance (Ayub Khan era, 1960s): tightened state control over newspapers.
Press Council of Pakistan: set up under an ordinance of 2002; hears complaints against newspapers under an ethical code.
Defamation: a false statement that lowers a person's reputation. Libel is in permanent form (print, broadcast); slander is spoken.
Defences to defamation: truth (justification), fair comment made in good faith, and privilege.
Contempt of court: includes publishing matter likely to prejudice a case still being tried. Official Secrets Act 1923: penalises disclosure of certain official information.

Common mistake

Do not mix Article 19 with Article 19A. Article 19 is freedom of speech and the press; Article 19A is the right to information, added in 2010.

Worked example

A citizen asks a government department for the record of how a road contract was awarded. Which constitutional provision supports the request?

The citizen is not publishing or speaking, so the matter is not freedom of expression under Article 19.
The citizen is seeking records held by a public body on a matter of public importance.
The right of access to such information is given by Article 19A, and right-to-information laws lay down the procedure.

Answer: Article 19A (right to information).

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